Regarding electronic communications, what are Brueggers Bagels franchisees required to do to ensure their employees consent to receiving communications from Official Senders?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
To facilitate the use of electronic communication to exchange information, you authorize the transmission of those electronic communications by us and our employees, vendors, and affiliates
(on matters pertaining to the business contemplated hereunder) (together, "Official Senders") to you during the term of this Agreement.
- 9.12.1. In order to implement the terms of this Section 9.12, you agree that: (a) Official Senders are authorized to send electronic communications to those of your employees as you may occasionally designate for the purpose of communicating with us and others; (b) you will cause your officers, directors, members, managers, and employees (as a condition of their employment or position with you) to give their consent (in an electronic communication or in a pen-and-paper writing, as we may reasonably require) to Official Senders' transmission of electronic communication to those persons, and that such persons shall not opt-out, or otherwise ask to no longer receive electronic communication, from Official Senders during the time that such person works for or is affiliated with you; and (c) you will not opt-out, or otherwise ask to no longer receive electronic communications, from Official Senders during the term of this Agreement.
- 9.12.2. The consent given in this Section 9.12 shall not apply to the provision of notices by either party under this Agreement using e-mail unless the parties otherwise agree in a pen-and-paper writing signed by both parties.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, franchisees play a crucial role in ensuring that their employees consent to receiving electronic communications from Brueggers Bagels and its designated "Official Senders." Official Senders include Brueggers Bagels, its employees, vendors, and affiliates, who may need to communicate with the franchisee's staff on matters related to the business.
To comply with Brueggers Bagels's requirements, franchisees must ensure that their officers, directors, members, managers, and employees consent to receive electronic communications from Official Senders as a condition of their employment or position. This consent can be obtained either through electronic communication or in a written format, as reasonably required by Brueggers Bagels. It's important to note that employees are not permitted to opt-out of receiving these communications during their employment or affiliation with the franchisee.
This requirement ensures that Brueggers Bagels can effectively communicate important information to all levels of the franchise operation, maintaining consistency and operational efficiency across the Brueggers Bagels system. Franchisees themselves are also obligated not to opt-out of receiving electronic communications from Official Senders during the term of their Franchise Agreement. However, the consent given does not apply to the provision of notices by either party under the Agreement using e-mail unless the parties otherwise agree in a pen-and-paper writing signed by both parties.